WHEREAS, in accordance with the Civil Rights Act of 1968, as amended, the Housing and Community Act of 1974, as amended, and Indiana Code 22-9.5-1. et. Seq., the following provisions are necessary and appropriate to prevent discrimination in the area of housing because of race, color, religion, sex, handicap, familial status or national origin:

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF LAPEL, INDIANA, AS FOLLOWS:

Section 1 Policy Statement

It shall be the policy of the of Lapel to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1 et. seq.

Section 2 Definitions

The definitions set forth in this Section shall apply throughout this Ordinance:

  1. Dwelling means any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one (1) or more families (Indiana Code 22-9.5-2-8).
  2. Family includes a single individual (Indiana Code 22-9.5-2-9), with the status of such family being further defined in subsection (H) of this Section.
  3. Person (Indiana Code 22-9.5-2-11), includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries.
  4. To Rent (Indiana Code 22-9.5-2-13), includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant.
  5. Discriminatory Housing Practice means an act that is unlawful under Sections 4, 5, 6, 7 or 8 of this Ordinance or Indiana Code 22-9.5-5.
  6. Handicap means, with respect to a person:
    1. a physical or mental impairment which substantially limits one or more of such person's major life activities.
    2. a record of having such an impairment, or
    3. being regarded as having such an impairment,
    4. an impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990.
    5. Any other impairment defined in 910 IAC 2-3.

      The term "Handicap" shall not include current illegal use of or addictions to a controlled substance as defined in Section 802 of Title 21 of the United States Code 910 IAC 2-3-2(14); nor does the term "Handicap" include an individual solely because that individual is a transvestite 910 IAC 2-3-2(14).
  7. An Aggrieved Person includes any person who (Indiana Code 22-9.5-2-2):
    1. claims to have been injured by a discriminatory housing practice; or
    2. believes that such person will be injured by a discriminatory housing practice that is about to occur.
  8. Familial Status means one or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person.

    The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
  9. Commission (Indiana Code 22-9.5-2-3) means the Indiana Civil Rights Commission created pursuant to Indiana Code 22-9-1-4, et Seq.
  10. Complainant (Indiana Code 22-9.5-2-4) means a person, including the Commission, who files a complaint under Indiana Code 22-9.5-6.

Section 3 Unlawful Practice

Subject to the provisions of subsection (B) of this Section, Section 9 of this Ordinance and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in Section 4 of this Ordinance shall apply to:

  1. All dwellings except as exempted by subsection (B) and Title 22-9.5-3 of Indiana Code.
  2. Other than the provisions of subsection (C) of this Section, nothing in Section 4 shall apply to:
    1. Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single family house by a private individual owner not residing in the hosue at the time of sale or exemption shall apply only to one such sale within any twenty-four (24) month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single family house shall be exempted from application of this section only if such house is sold or rented:
      1. without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person and
      2. without the publication, posting or mailing, after notice of advertisement or written notice in violation of Section 4(C) of this Ordinance, but noting in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title, or
    2. ?
    3. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
  3. For the purposes of subsection (B) a person shall be deemed to be in the business of selling or renting dwellings if:
    1. They have, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
    2. They have, within the preceding twelve (12) months, participated as agent other than in the sale of his own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or
    3. They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five (5) or more families.

Section 4 Discrimination in the Sale or Rental of Housing

As made applicable by Section 3 and except as exempted by Section 3 (B) and 9, it shall be unlawful:

  1. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status or national origin.
  2. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith, because of race, color, religion, sex, handicap, familial status or national origin.
  3. To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination.
  4. To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
  5. For profit, to induce or attempt to induct any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status or national origin.
  6. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
    1. that buyer or renter;
    2. a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
    3. any person associated with that person
  7. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:
    1. that person; or
    2. a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
    3. any person associated with that person.
  8. For purposes of this subsection, discrimination includes:
    1. a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person. If such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord, may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;
    2. a refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
    3. In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1998, a failure to design and construct those dwellings in such a manner that:
      1. the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
      2. all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
      3. all premises within such dwellings contain the following features of adaptive design:
        1. an accessible route into and through the dwelling;
        2. light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
        3. reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space.

Compliance with the appropriate requirement Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility and usability for physically handicapped people (commonly cited as ANSI A117.1) suffices to satisfy the requirements of paragraph (3) (C)(iii).

Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health of safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.

Section 5 Discrimination in Residential Real Estate Related Transactions

  1. It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
  2. As used in this section, the term residential real estate-related transaction means any of the following:
    1. The making or purchasing of loans or providing other financial assistance:
      1. for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
      2. secured by residential real estate.
    2. The selling, brokering, or appraising of residential real property.
  3. Nothing in this Ordinance prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

Section 6 Discrimination in the Provision of Brokerage Service

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status or national origin.

Section 7 Interference, Coercion, or Intimidation

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 3, 4, 5 or 6 of this Ordinance.

Section 8 Prevention of Intimidation in Fair Housing Cases

Whoever, whether or not acting under code or law, by force or threat of force willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with:

  1. any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or rending dwellings; or
  2. any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:
    1. participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (A); or
    2. affording another person or class of persons opportunity or protection so to participate; or
  3. any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (A), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined according to local, state and federal law, and if bodily injury results shall be fined .............. COPY WAS NOT COMPLETE.

Section 9 Equal Access to Housing in HUD Programs

Pursuant to 24 CFR Part 5.403 and 24 CFR Part 574.3 the definition of "family" is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.

Section 10 Exemptions

  1. Exemptions defined or set forth under Title 22-9.5-3 et. seq. of Indiana Code shall be exempt from the provisions of this Ordinance to include those activities or organizations set forth under subsections B and C of this Section.
  2. Nothing in this Ordinance shall prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religions or from giving preference to such persons, unless membership in such religions is restricted on account of race, color or national origin. Nor shall anything in this Ordinance prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns, or operates for other than a commercial purposes, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
  3. Nothing in this Ordinance regarding familial status shall apply with respect to ousing for older persons, As used in this section, "housing for older persons" means housing:
    1. provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly person (as defined in the state or federal program) or;
    2. intended for, and solely occupied by, person 62 years of age or older; or
    3. intended and operated for occupancy by at least one person 55 years of age or older per unit;

Section 11 Administrative Enforcement Ordinance

  1. The authority and responsibility for properly administering this Ordinance and referral of complaints hereunder to the Commissioner as set forth in subsection B hereof shall be vested in the Chief Elected Official of the Town of Lapel, Indiana.
  2. Notwithstanding the provisions of Indiana Code 22-9.5-4-8, the Town of Lapel, Indiana because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the Chief Elected Official of the Town of Lapel, Indiana, shall refer all said complaints to the Commission for purposes of investigation, resolution and appropriate relief as provided for under Title 22-9.5-6 of Indiana Code.
  3. All executive departments and agencies of the Town of Lapel, Indiana shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of the Ordinance and shall cooperate with the Chief Elected Official and the Commission to further such purposes.
  4. The Chief Elected Official of the Town of Lapel, Indiana, or the Chief Elected Official's designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.

Section 12 Severability of Provisions

If any provision of this Ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Ordinance and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

Passed and adopted by the Town of Lapel, Town Council, Madison County, Indiana this 15th day of March, 2018.

Further Information

1-2018
Date Passed: 3/15/2018

AN ORDINANCE OF THE TOWN OF LAPEL AMENDING ORDINANCE NO. 6 1995, AN ORDINANCE ADOPTING A TAP FEE SCHEDULE FOR THE GAS, WATER AND SEWER UTILITIES.

WHEREAS, the Town of Lapel ("Lapel") passed Ordinance No 6 in 1995 adopting new gas, water, and sewer tap fee schedule for Lapel; and

WHEREAS, Lapel desires to amend Ordinance No. 6 and revise the tap fee schedule for the gas, water and sewer utilities.

NOW, THEREFORE, BE IT ORDAINED, by the Town of Lapel, Madison County, Indiana, that:

  1. The tap fee schedule is revised as follows:
    • Gas $750.00
    • Water $1,000.00
    • Sewer $1,250.00
  2. This Ordinance shall become effective upon the adoption and signature of the Lapel Town Council and publication as required by law.

Adopted the 5th day of July 2018

Further Information

2-2018
Date Passed: 7/5/2018

AN ORDINANCE OF THE TOWN OF LAPEL PROHIBITING THE OPERATION OF COMMERCIAL VEHICLES ON SCHOOL STREET

WHEREAS, Indiana Code authorizes a local authority to adopt traffic regulations by local ordinance with respect to highways under the local authority's jurisdiction; and

WHEREAS, Indiana Code authorized 9-20-1-3(c) a local authority, by ordinance, to prohibit the operation of trucks or other commercial vehicles and impose limitations on the weight, size, or use of those vehicles on highways within the local authority's jurisdiction; and

WHEREAS, the Town Council of Lapel ("Lapel") has received complaints regarding the operation of commercial vehicles on School Street in Lapel; and,

WHEREAS, School Street is a brick street, and the operation of commercial vehicles on School Street is causing the street to deteriorate; and,

WHEREAS, Lapel after careful consideration, desires to prohibit commercial vehicles on a portion of School Street to ensure the safety of its residents and the integrity of its roads and other infrastructure; and

WHEREAS, alternative routes exist for commercial vehicles to traverse so that such prohibition will not eliminate all avenues of ingress and egress for properties affected by this ordinance.

NOW, THEREFORE, BE IT ORDAINED, by the Town of Lapel, Madison County, Indiana, that:

  1. The recitals are herein incorporated by reference.
  2. Commercial vehicles are prohibited from traveling on School Street from 12th Street to 13th Street.
  3. Any person who violates this Ordinance shall be fined a sum of $100.00 for each violation.
  4. This Ordinance shall become effective upon the adoption and signature of the Lapel Town Council, publication as required by law, and the posting of signs.

Adopted this 6th Day of September 2018

Further Information

3-2018
Date Passed: 9/6/2018

An Ordinance Of the Town of Lapel Amending Ordinance No 8. 2011 An Ordinance creating and establishing a department of stormwater management for the Town of Lapel, Madison County, Indiana.

WHEREAS, the Town of Lapel (“Lapel”) passed Ordinance No. 8 in 2011 creating a Department of Storm Water Management and establishing a schedule of rates pursuant to Indiana Code (I.C) 8-1.5-5; and,

WHEREAS, Lapel desires to amend Ordinance No 8, 2011 and the schedule of rates included therein; and,

WHEREAS, the current monthly rate as established by Ordinance No. 8, 2011 is $2.50 for all developed residential and nonresidential properties within Lapel; and,

WHEREAS, due to ongoing costs for the operation and maintenance of the storm water system, it has been proposed to increase the monthly rate to $3.05 for all developed residential and nonresidential properties within Lapel; and,

WHEREAS, pursuant to Ordinance No. 8, 2011 and I.C. 8-1.5-5, Lapel may, from time to time, amend the monthly charge by the adoption of an ordinance following a public hearing; and,

WHEREAS, a public hearing was held on Thursday, October 4, 2018 wherein the public was invited to attend and comment on a proposed increase in the stormwater rates.

NOW, THEREFORE BE IT ORDAINED, by the Town of Lapel, Madison County, Indiana, that:

  1. The recitals are herein incorporated by reference.
  2. The monthly storm water utility user fee for all developed residential and non-residential properties within Lapel shall be $3.05 and therefore, Ordinance No. 8 2011, Section 9(A) is hereby amended to reflect this new amount.
  3. This new rate represents the minimum amount necessary for the operation and maintenance of the storm water system.
  4. This Ordinance shall become effective on January 1, 2019 following the adoption and signature of the Lapel Town Council and publication as required by law.

Adopted this 18th Day of October 2018.

Further Information

5-2018
Date Passed: 10/18/2018

An Ordinance of the Town of Lapel Creating a Non-Reverting Account for Donations Received from the Earle Selkirk and Olivia Cascadden Fund.

WHEREAS, the Town of Lapel (“Lapel” or “Town”) desires to create a non-reverting account for donations Lapel will receive from time-to-time from the Earle Selkirk and Olivia Cascadden Fund (“Cascadden Fund”) administered through the Madison County Community Foundation; and,

WHEREAS, Lapel wishes to segregate such donations from the other accounts of the Town and for said donations to remain in the non-reverting account at the end of each fiscal year.

NOW, THEREFORE, BE IT ORDAINED, by the Town of Lapel, Madison County, Indiana, that a non-reverting account is hereby created for donations received from the Cascadden Fund.

Adopted this 18th day of October 2018.

Further Information

6-2018
Date Passed: 10/18/2019

An Ordinance Establishing the Town of Lapel Redevelopment Department and the Town of Lapel Redevelopment Commission

WHEREAS, IC 36-7-14 (the “Act”) authorizes the Town Council of the Town of Lapel, Indiana (the “Town”) to establish a department of redevelopment controlled by a board of five members; and

WHEREAS, in order to pursue the public purposes of the Act, the Town Council now desires to establish the Town of Lapel Department of Redevelopment and the Town of Lapel Redevelopment Commission.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAPEL, INDIANA, as follows:

SECTION 1. there is hereby created the Department of Redevelopment of the Town of Lapel, Indiana (the “Department of Redevelopment”), which shall be entitled to exercise all the rights, powers, privileges and immunities accorded to such department by the Act.

SECTION 2. Such Department of Redevelopment shall be under the control of a Board of five (5) members to be known as the Town of Lapel Redevelopment Commission.

SECTION 3. There is hereby created a Board to be known as the Town of Lapel Redevelopment Commission. Three (3) of said Commissioners shall be appointed by the President of the town Council, and two (2) shall be appointed by the Town Council (the “Town Council”). In addition, the Town Council President shall appoint one (1) non-voting advisor from the membership of a School Board of a School Corporation located wholly or partly within the Town. Each Redevelopment Commissioner shall serve for one (1) year from the first day of January after his or her appointment and until his or her successor is appointed and has qualified, except that the original Commissioners shall serve from the date of their appointment until the first day of January in the second year after their appointment. If a vacancy occurs, a successor shall be appointed in the same manner as the original Commissioner, and the successor shall serve for the remainder of the vacated term.

Each Redevelopment Commissioner, before beginning his or her duties, shall take and subscribe an oath of office in the form prescribed by law, to be endorsed on the certificate of his or her appointment, which shall be promptly filed with the Clerk-Treasurer of the Town.

Each Redevelopment Commissioner, before beginning his or her duties, shall execute a bond payable to the State, with surety to be approved by the Town Council. The bond must be in a penal sum of Fifteen Thousand Dollars ($15,000.00) and must be conditioned on the faithful performance of the duties of his or her office and the accounting for al monies and property that may come into his or her hands or under his or her control. Until the Redevelopment Department has an operational budget, the Town shall pay the bond from available funds.

SECTION 4. Such Commissioners shall have the qualifications prescribed by the laws of the State of Indiana as from time to time amended and shall qualify as therein provided; and shall exercise and enjoy the rights and powers and assume the duties and obligations conferred and imposed by said Act, including but not limited to the following qualifications:

  1. A Redevelopment Commissioner must be at least 18 years of age and must be a resident of the Town. If a Commissioner ceases to be qualified under this Section, he or she forfeits his or her office.
  2. No Redevelopment Commissioner of the Town shall receive a salary; but such Redevelopment Commissioners are entitled to reimbursement for expenses necessarily incurred in the performance of their duties.
  3. A Redevelopment Commissioner may not have a pecuniary interest in any contract, employment, purchase or sale made under the provisions of this Ordinance and the Act, However, any property required for redevelopment purposes in which a Commissioner has a pecuniary interest may be acquired, but only by gift or condemnations. A transaction made in violation of this Sections of this Ordinance is void.

SECTION 5. The Clerk-Treasurer of the Town charged by law for the performance of duties in respect to the funds and accounts of the Town, shall perform the same duties with respect to the funds and accounts of the Department of Redevelopment, except as otherwise provided for in the Act.

SECTION 6. If any part of this Ordinance shall be adjudged to be invalid by a Court of proper jurisdiction, it shall be conclusively presumed that the Town Council would have passed the remainder of this Ordinance without such invalid part.

SECTION 7. This Ordinance shall be in full force and effect immediately from and after its passage by the Town Council.

Passed by the Town Council of the Town of Lapel, Indiana, on the 15th day of November, 2018.

Further Information

7-2018
Date Passed: 11/15/2018

BE IT ORDAINED by the Town of Lapel, Madison County, Indiana:

WHEREAS, the Town of Lapel, Indiana, adopts an ordinance regulating the weight limit of all and any truck or heavy equipment on the main thoroughfare of the Town of Lapel, known as Main Street.

WHEREAS, the Town of Lapel, Indiana, adopts the following provisions as to an ordinance effectuating such truck and heavy equipment weight limits to prohibit the travel on the common thoroughfare of the Town of Lapel, known as Main Street:

  1. No truck with the capacity of a “gross vehicle weight” (GVW) in excess of twenty-six thousand pounds (26,000lbs)
  2. No semi-trucks and/or trailers;
  3. No heavy equipment, tractors, or construction equipment with a GVW over twenty-six thousand pounds (26,000 lbs) or the capacity to haul in excess of a GVW of twenty-six thousand pounds (26,000 lbs);

WHEREAS, the Town of Lapel, Indiana, does adopt the following exceptions to the above referenced weight limits and restrictions:

  1. Farm and grain trucks and equipment delivering to the local elevator(s);
  2. Local deliveries to any and all merchants located on Main Street;
  3. Any truck deliveries which necessitate travel on Main Street such deliveries subject to verification;
  4. All public safety vehicles

Deliveries to Owens-Brockway Glass Containers, Inc., are not considered an exception.

Any local law enforcement officer is assigned the authority to determine any valid exception as referenced above.

WHEREAS, the Town of Lapel, Indiana, hereby establishes a fine of Fifty Dollars ($50.00) for the first occurrence and Tow Hundred Fifty ($250) for the second occurrence.

BE IT ORDAINED, by the Town of Lapel, Madison County, Indiana, that the above provisions, including exceptions, as to the vehicle and weight restriction to be imposed on the main thoroughfare of the Town of Lapel, Main Street, within the town limits of the Town of Lapel are hereby established and adopted this date.

Read and adopted this 10th day of December 2018

Further Information

8-2018
Date Passed: 12/10/2018

Amendments and Repeals

Sections of this ordinance have since been Amended By - 6-2019 7-2019 

Salary Ordinance – Effective January 1st 2019

Be it ordained by the Town of Lapel, Madison County, Indiana: Section #1 the salaries of the town officials, police officers, utility/park employees, and all others employed by the Town of Lapel, IN, effective for all pays after January 1st, 2019 and ending December 31st, 2019 shall be as follows, to-wit:

Clerk/Treasurer

                General Fund $1.298

                Gas Company $8.224

                Water Company $8.224

                Sewer Company $8.224

                Total $25,970

Town Council Members

                General Fund $240

                Gas Company $1.520

                Water Company $1.520

                Sewer Company $1.520

                Total $4.800

Attorney

                Annually $4,600

Janitor

                $50/weekly

Checks will be issued as follows: Council-monthly, the next pay period following the Council meeting Clerk/Treasurer weekly, Janitor-monthly, Town Attorney-semiannually, and all other employees weekly.

Specific salaries for Town of Lapel employees beginning January 1st, 2019 and ending December 31st, 2019 are:

Police Chief

                Annually $50,490

K9 Officer

                Annually $37,500

Officer

                Annually $37,500

Police Captain

                Annually $40,000

Part Time Officer

                $22.00/hour

Non-academy graduate

                Annually $30,000

Academy graduate

                Annually $33,000 (Less than 2 years experience)

Deputy Clerk

                $22.22/hour Office Administration

Accounts Payable

                $16.22/hour Office Administration

Seasonal Labor 1

                $15.00/hour Part Time General Maintenance

Seasonal Labor 2

                $12.50/hour Part Time Seasonal Labor

Seasonal Labor 3

                $12.25/hour Part Time Seasonal Labor

Wastewater Operator

                $19.76/hour

Contract Employee

                $40.00/hour 5hr week Water Operator/Sewer Operator

Utility Superintendent

                $21.00/hour

Gas Operator

                $16.72/hour

Gas Assistant/Labor

                $15.74/hour

Utility Labor

                $15.00/hour

Code Enforcement

                Annually $47,940

Water Operator

                $15.00/hour

 

Personal Days

All full-time employees are entitled to eight (8) personal days per calendar year. Bereavement days-three (3) per family member, which includes and is limited to the following: wife, husband, children, stepchildren, father, mother, stepfather, stepmother, father-in-law, mother-in-law, brothers, sisters; one day (1) for brother-in-law, sister-in-law, and two (2) days for grandparents.

Paid Legal Holidays

All full-time employees are entitled to the following: New Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving (Thursday & Friday), Christmas Eve and Christmas Day.

Vacation/Personal Days for Full-Time Employees

All new employees will be under a probationary period for the first 90 days of their employment, starting with the first day on the job. During this probationary period the employee will not be entitled to paid vacation benefits or personal leave benefits. After six (6) months on the job the employee will receive two (2) paid vacation days, and two (2) paid personal days for the remainder of the first year of service. All full-time employees will be eligible to carry over three (3) vacation/personal days into the new year but those three (3) days must be used by March 31st.

All eligible employees will receive eight (8) Personal Days per calendar year. Absences may be subject to investigation. A physician’s statement of “fitness for duty” will be required if an employee is off work for 3 consecutive days or more. The Town also reserves the right to request a “fitness for duty” statement at any time. Personal Days, if not used within the calendar year, can be accumulated up to 30 days. Employees will be paid unused personal days upon termination of employment.

Vacations

Time worked reports must be submitted weekly to the Town Hall for all employees that are eligible for Personal Days, Paid Legal Holidays, Insurance and, Paid Vacation.

As of January 1st of the current year the full-time employee will be eligible for the following vacation schedule:

Years of Employment – Weeks of Paid Vacation

One – One

Two thru Four – Two

Five thru Nine – Three

Ten or more – Four

Following the first year of employment additional weeks will be earned on a calendar year basis beginning January 1st. All vacations are mandatory (cannot work and collect pay plus vacation). Vacations must be scheduled one week in advance with supervisor. Vacations cannot be held over until the next year. Unused vacation days will be paid upon termination of employment. Vacations days must be used before unpaid days off are granted.

Overtime

Overtime is defined for all full-time employees, except Police Officers, as the hours worked, on a daily basis, over 8 hours. Overtime hours will be paid at a 1 ½ x their hourly pay. The payroll clerk will prepare on a weekly basis, a report to the Council illustrating the amount of and who were paid overtime. It will be the job of the department supervisors to limit overtime whenever possible.

Meeting Attendance Payment

Non-council members that are authorized members of the Planning Commission, Park Board, Board of Zoning Appeals and Storm Water Subcommittee will be paid $10 per meeting attended. Disbursements of amounts owed will be semi-annually July and January.

Office Hours and Utility/Street Department Hours

Town Hall office hours are Monday-Friday 8am to 4pm. The Utility/Street Department hours are 7am to 3:30pm.

Police Officers

The workweek consists of seven (7) days from Sunday to Saturday. If a Police Officer works more than 40 hours per week, overtime will be paid. Holiday pay is calculated by annual salary divided by 260 days divided by 8 hours = holiday pay. Overtime hours x 1 ½ x hourly pay = overtime pay. Overtime must be approved by the Town Marshall or the Town Council.

The salary of a Lapel Police Officer, without academy certification is $30,000 per year. The salary of a Lapel Police Officer with less than two (2) years of experience, with an academy certification is $33,000 per year.

If a Lapel Police Officer is sent to the Police Academy, and compensated by the Town of Lapel, the Police Officer is required to remain on the department for two (2) years after graduation from the Academy. If for some foreseen or unforeseen reason the officer has to leave the department or fails to complete the academy assignment, said officer must repay all training compensation of the Town of Lapel.

Non-academy graduates will be in a probationary status until one year from graduation date.

Academy graduates will be on a probationary period of one year from hire date.

New hire without academy certification will be sent to the academy within one year of hire date.

Education Reimbursement

It is the desire of the Town of Lapel that all employees gain more education in their specific disciplines. If the employee quits a course, paid by the Town of Lapel, the employee must repay to the Town the cost of the course. This would include the tuition fees, cost of books and materials, and mileage reimbursements. If the employee completes the course work and attendance requirements, but fails the final test, reimbursement is not required. Retesting is at the discretion of the Council.

Insurance

The Town of Lapel will pay 100% of the employee’s health insurance premium; employees will have to pay dependent coverage, if desired. This benefit is available to full-time employees only. Employees who are eligible to enroll in the group medical program may choose to waive participation in the plan. Only employees covered under another group health carrier will be permitted to waive coverage. Employees are required to complete the appropriate form to waive their election and provide verification of coverage.

Options – Forms

Health Life & Vision – Health Application

Life Only – Health Application (check life only, indicate waiver/other coverage)

An optional dental insurance benefit plan is offered to all full-time employees. The premium for the insurance policy is split 50%/50% between the employee and the employer.

Utility Certificates

When a Lapel Utility employee acquires a Class 1 operator’s certification for waste or wastewater, their salary will be increased 75 cents per hour.

When a Lapel Utility employee acquires a Class 2 operator’s certification for waste or wastewater, their salary will increase 75 cents per hour.

If a Lapel Utility employee receives an initial gas operator’s certification, their salary will be increased 50 cents per hour.

Special Pay/Year End

Employees with 1 to 5 years of service will receive $100.00, employees with more than 5 years’ service will receive $250.00 at year end.

 

Further Information

9-2018
Date Passed: 1/1/2019